The aviation industry lies at the heart of today’s global economy. It influences where workers and tourists can travel, how fast cargo moves, what goods and services cost, and whether businesses can move across borders. Aviation also poses industry participants with some of the greatest challenges in the corporate world—highly complex regulations, fierce competition, vast litigation exposure, and tight profit margins. To operate successfully in this dynamic arena, clients need counsel with deep industry-specific knowledge of aviation law and industry norms. Very few law firms support an aviation practice as diverse and far-reaching as the one at Cozen O’Connor.
Our team of dedicated attorneys provides regulatory, litigation, and business counsel informed by more than three decades of intensive involvement in the aviation field. Their experience extends into all aspects of the aviation and aerospace industry, from parts manufacturing and tarmac delay rules to wrongful death claims and counterterrorism. And the firm operates on a truly global basis. Cozen O’Connor attorneys regularly work with aviation authorities abroad, help resolve international disputes, assist clients in interpretation of foreign laws, and represent clients in negotiating international agreements.
Aviation Government & Regulatory
Aviation is governed by a vast array of national and international codes, and bilateral and multilateral agreements. One of the great challenges facing aviation clients in the 21st century is to achieve regulatory compliance while maintaining efficiency and competitiveness. Cozen O’Connor advises industry leaders on how to operate lawfully and maximize economic performance.
Our firm serves as primary regulatory counsel to aviation and aerospace clients around the world, including U.S. and foreign airlines (both cargo and passenger), airports, aircraft leasing companies, manufacturers, repair stations, investors, lending institutions, cargo handling companies, tour operators, and foreign governments. Based on our deep and detailed knowledge of aviation law, we advise clients on all manner of regulatory compliance; appear before executive branch agencies in authorization, investigation, and enforcement matters; and advocate on behalf of the aviation industry before policymakers and regulators in Washington.
Cozen O’Connor’s regulatory team has obtained authorization for most of the U.S. aircraft flights into North Korea, provided counsel regarding landmark airline mergers and the formation of new air carriers, assisted development of federal rules on aircraft safety and security, and led the reorganization and management of U.S. airlines in Chapter 11 bankruptcy. They also frequently respond to questions about U.S. or international sanctions on target countries and how sanctions affect air service to those countries.
Aviation Litigation
Aviation-related legal claims can be especially complex, often involving catastrophic losses, technical investigations, numerous government authorities, and significant liabilities. Cozen O’Connor has long experience representing major air carriers, products manufacturers, and general aviation clients in their most critical litigations, including wrongful death and survival actions, personal injury claims, products liability, warranty claims, product recalls, and property damage to aircraft and airport facilities.
Cozen O’Connor regularly handles litigation involving multiple filings in multiple jurisdictions. Our network of aviation-qualified attorneys based in Philadelphia, Seattle, Chicago, Dallas, Los Angeles, New York, Atlanta, Charlotte, and London understand the full range of applicable international, federal, and state legal regimes, and can provide immediate representation wherever they are needed.
Widely known as a trial firm, Cozen O’Connor has tried many high-profile aviation cases to verdict. This benefits our clients in numerous ways. Having been through the crucible of trial, our attorneys’ strategic advice is based on an accurate understanding of how facts and arguments are likely to be perceived. It gives us leverage in negotiations because adversaries know we settle only to serve our clients’ best interests – not to avoid court. And, we know that brand protection is of paramount concern to clients in the aviation field. Our attorneys can provide sophisticated crisis management advice and help craft appropriate and effective public outreach.
Aviation Business/Corporate
Cozen O’Connor represents aviation clients in important transactional matters as well. We handle inter-carrier agreements, airport and ground-handling agreements, aircraft leases or purchases, and airline sales or acquisitions. We counsel domestic and international clients in the purchase, sale, and financing of business aircraft from both manufacturers and prior owners/operators. This includes structuring the aircraft charter, management, and leasing arrangements; negotiating fractional ownership arrangements with all major programs; and establishing operating agreements among multiple owners.
Our aviation finance lawyers have extensive experience representing borrowers, lessees, lenders, and governmental and private credit-support providers in innovative cross-border and complex financing structures. These attorneys have been instrumental in developing cutting-edge approaches to operating, finance, and tax-driven leases; the sales of aircraft and lease portfolios; securitization of equipment and leases; and research and development financing. They handle equipment and facility financing and project/structured finance in the United States, Europe, and Asia. Working closely with members of Cozen O’Connor’s Tax Practice, they also advise clients on sales, use, and excise tax issues associated with the purchase, sale, and ownership of business aircraft.
SERVICE AREAS
Regulatory
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Represent clients before executive branch agencies, including the Department of Transportation, Federal Aviation Administration, Department of Homeland Security (Transportation Security Administration and Customs and Border Protection), National Transportation Safety Board, Office of Foreign Assets Control, State Department, and Treasury Department, as well as before the U.S. Congress and federal courts.
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Defend clients in investigations and enforcement actions
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Obtain necessary authorizations and licenses from authorities
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Serve as liaison between clients and agency representatives
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Monitor and interpret aviation regulations
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Advise on compliance requirements for all types of aviation clients
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Promote clients’ legislative interests before policymakers and regulators, often in conjunction with Cozen O’Connor’s D.C.-based Public Strategies group
Litigation
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Defend aviation clients in wrongful death claims and survival actions arising from aviation accidents
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Respond to passenger personal injury claims
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Litigate products liability, negligence, warranty, and breach of contract actions
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Defend against of claims and litigation arising from recalls of aviation products
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Handle diverse claims of property damage to aircraft and airport facilities
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Defend aviation clients against diverse claims, including under the Air Carrier Access Act or relating to sensitive security information disclosures, precautionary evacuations, personal injury and baggage claims under the Warsaw Convention and other international conventions and agreements
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Conduct appellate litigation in all state and federal courts
Business and Transactions
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Advise on corporate transactions, including inter-carrier agreements; airport, ground-handling, and agent agreements; aircraft leases or purchases; wet leases; and airline sales, mergers, or acquisitions
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Counsel on the purchase, sale, and financing of business aircraft from both manufacturers and prior owners/operators
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Structure aircraft charter, management, and leasing arrangements; negotiate fractional ownership arrangements with all major programs; and establish operating agreements among multiple owners
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Represent borrowers, lessees, lenders, and governmental and private credit-support providers in cross-border and complex financings
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Develop operating, finance, and tax-driven leases; sell aircraft and lease portfolios; securitize equipment and leases; and finance research and development
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Conduct equipment and facility financing and project/structured finance
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Advise on sales, use, and excise tax issues associated with business aircraft
CLIENTS
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International, domestic, regional, and charter airlines
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Aircraft manufacturers and repair stations
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Fixed base operators
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Flight schools
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Medevac operators
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Airports, airport operators, and ground handlers
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Aircraft owners and operators
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Aircraft leasing companies
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Aviation investors, lending institutions, and insurers
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Cargo handling companies, maritime shipping companies, and tour operators
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Foreign governments
TEAM
Cozen O’Connor’s Aviation Practice Group is made up of longtime leaders of the aviation bar. It includes a former deputy assistant secretary of state for transportation affairs and key members of U.S. delegations to negotiations about international air transport agreements. It also includes fellows in the American College of Trial Lawyers and a fellow of the International Academy of Trial Lawyers and the American Bar Foundation. Our attorneys were involved with the defense of death claims arising from the bombing and crash of PanAm Flight 103 in Lockerbie, Scotland, the 1996 TWA 800 accident, and the 2006 Brazilian midair collision. A number of our attorneys are former military pilots or hold degrees in engineering and other technical science. Many frequently lecture and publish on aviation issues, and one member edits the Aviation Law Advisor, an online source of information for the aviation industry.